High Court Judgment Template



In the Family CourtNo: [Case number]sitting at [Court name]The [name of statute] Act [year]The [Marriage] / [Relationship] / [Family] of [applicant name] and [respondent name] (Adapt as necessary)(Or)The children of the familyNames Girl /BoyDate of birth [Child name(s)][Girl] / [Boy][Date][Child name(s)][Girl] / [Boy][Date][etc]After hearing [name the advocates(s) who appeared]After consideration of the documents lodged by the PartiesWARRANT FOR ARREST ISSUED BY [NAME OF JUDGE] ON [DATE] SITTING IN [OPEN COURT] / [PRIVATE]The PartiesThe applicant is [applicant name] The respondent is [respondent name] [The second respondent is [name]](Specify if any party acts by a litigation friend)RecitalsThis is a warrant for the arrest of [the respondent [respondent name]] / [[name] of [address]]. An important notice to [the respondent] / [name] is set out in the schedule below.This warrant for arrest has been issued because in the opinion of the court there are reasonable grounds for believing that [the respondent] / [name] failed to attend at the Family Court sitting at [place] at [date and time] contrary to an express requirement of this court contained in its witness summons dated [date], which (at the time when any necessary payment or offer of payment was apparently made to [respondent name] / [name]) appears to have been served on [the respondent] / [name] on [date].BY THIS WARRANT THE COURT DIRECTS THAT:The [Tipstaff of the High Court of Justice] / [Bailiff of the Family Court], whether acting by himself or his deputy or an assistant or a police officer, shall:as soon as practicable arrest [the respondent] / [name]; bring [the respondent] / [name] before a Judge of this court, sitting at the Family Court at [place], as soon as practicable after [his] / [ her] arrest and in any event no later than the working day immediately following the day of the arrest;subject to any further direction, to cause [the respondent] / [name] to be detained in custody throughout the period between [his] / [her] arrest and the bringing of [him] / [her] before a Judge of this court and accordingly not to grant [him] / [her] bail in respect of any part of that period;At the time of the arrest the [Tipstaff] / [Bailiff] shall show a copy of this warrant to [the respondent] / [name] and allow [him] / [her] a reasonable time in which to read it; andserve on [him] / [her] a copy of the notice set out in the schedule below;If the [Tipstaff] / [Bailiff] has reasonable grounds for concluding that [the respondent] / [name] cannot read English but can understand spoken English, he shall read to [him] / [her] the contents of this warrant or, if he also has reasonable grounds for concluding that [he] / [she]cannot understand spoken English, cause an interpreter to explain their contents to [him] / [her] in an appropriate language, whether by telephone or otherwise, as soon as practicable after the arrest. Following the arrest the [Tipstaff] / [Bailiff] shall give to [the respondent] / [name], as soon and as fully as is practicable, the opportunity to seek legal advice and assistance, whether by telephone, face-to-face interview or otherwise.For the purpose of executing this order, the [Tipstaff] / [Bailiff] is authorised to enter, if necessary by force, and to search any premises in which he has reasonable cause to believe [the respondent] / [name] to be present and which, after taking all reasonable steps to do so, he remains unable to secure other permission to enter.If, by the end of six months from the date of this order, the [Tipstaff] / [Bailiff] shall have failed to execute it, it will then cease to have effect unless in the interim its effect shall have been extended by further order.Dated [date]SCHEDULEImportant notice to [respondent name] / [name]This notice is important. You should read it, and the terms of the order above, extremely carefully.The court has directed that the warrant for your arrest be executed by the court [Tipstaff] / [Bailiff] but he can authorise a member of his staff or a police officer to arrest you on his behalf.The court has directed the [Tipstaff] / [Bailiff] to bring you before a Judge of the Family Court sitting at [place] as soon as practicable after your arrest and in any event no later than the working day immediately following the day of your arrest. You will then be given an opportunity, as will (so far as is practicable) the parties or other parties to the proceedings, to address the court before it takes any further step.The court has directed the [Tipstaff] / [Bailiff] to cause you to be detained in custody from the time of your arrest until you are brought before the court. You have the right to apply to the court at any time for your release from custody but, in the light of the direction to the [Tipstaff] / [Bailiff] to bring you before the court as soon as practicable, it is unlikely to be practicable for you to apply for your release prior to his bringing you to court.You have no right to demand that your arrest be postponed while you seek legal advice. But you do have a right, following your arrest, to seek legal advice and to instruct a lawyer to represent you before the court. The court has directed the [Tipstaff] / [Bailiff] to give you, as soon and as fully as is practicable following your arrest, the opportunity to seek such advice and assistance, whether by telephone, face-to-face interview or otherwise.If you do not speak or understand English, the [Tipstaff] / [Bailiff] will arrange for the contents of this document to be explained to you by an interpreter in an appropriate language. In that case you should, through the interpreter, ask the [Tipstaff] / [Bailiff] or his agent to notify the court that it should arrange for an interpreter to be present at public expense at the time when he proposes to bring you before it.Dated [date] ................
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